Lawyer for Jameis Winston tweets accuser's name; could he be held liable?
The lawyer for Florida State University quarterback Jameis Winston tweeted the name of the woman accusing the football star of sexual assault on Tuesday while complaining that the school was giving too little time to prepare for a disciplinary hearing.
The tweet by David Cornwell raised eyebrows, though it is not the first time he named the alleged victim, Sports Illustrated and the Orlando Sentinel report. The tweet read: “FSU gives [the accuser] 20 months to file a complaint and Jameis 13 days to learn 1,000 documents. #dueprocess??”
Sports Illustrated considered whether Cornwell could be liable for the tweet.
A Florida law called the Crime Victims Protection Act allows sexual assault victims to sue those who reveal their identity before there is an open judicial proceeding. To succeed, the victim must establish the disclosure was intentional and highly offensive. But Cornwell would have several defenses, Sports Illustrated says.
Cornwell could argue the accuser is not a victim, given prosecutors’ refusal to bring charges against Winston. He could also point to prior Internet posts identifying the woman to show that her identity has been known for years. And he could argue the tweet is a matter of public concern that is protected by the First Amendment. He could also point to his professional obligation to defend his client.
Cornwell also may be able to defeat an invasion of privacy claim by arguing the matter is of legitimate public concern, and may be able to defeat a defamation claim on the ground that his statement was true and he lacked malice, Sports Illustrated says. He could also argue a duty of zealous advocacy if an ethics complaint were to be filed, the story says.
Sports Illustrated says the bottom line is this: “Cornwell’s tweet may have been inappropriate, even obnoxious, but it probably was lawful and likely designed to advance his client’s interests.”
The disciplinary hearing is set for Nov. 17. Retired Florida Supreme Court chief justice Major Harding will preside.
